Supreme Court calendar for 3/5 issue

Argument Docket
Tuesday, March 13
West Virginia University College of Law
Morgantown

1. Estate of Alexia Sheree Fout-Iser, etc, et al. v. John L. Hahn, M.D. et al. - 33189 - Plaintiffs appeal the circuit court's order granting summary judgment in favor of a defendant in a medical malpractice case. The court found that plaintiffs lack necessary expert testimony.

2. Michael Worley, et al. v. Beckley Mechanical, Inc., et al. - 33190 - Plaintiffs appeal following a bench trial on the issue of whether plaintiff was under a disability that either suspended or tolled the running of the statute of limitations in this personal injury action. The circuit court concluded that plaintiff was not "insane" within the meaning of West Virginia Code §55-2-15.

3. State of W. Va. v. Wade C. Davis - 33191 - Defendant appeals from his conviction and sentence for second degree murder. He seeks a reversal and a new trial.

4. August Eugene Phillips, et al. v. Larry's Drive-In Pharmacy, Inc. - 33194 - The circuit court certifies a question asking whether pharmacies are "health care providers" as defined by W.Va. Code § 55-7B-2(c) [1986] of the Medical Professional Liability Act.

CERTIFIED QUESTION PRESENTED
In a civil action filed against a defendant licensed pharmacy for allegedly having negligently dispensed medication, is the pharmacy a "health care provider" as defined by W.Va. Code § 55-7B-2(c)?
Circuit Court's Answer: Yes.

Argument Docket
Wednesday, March 14

1. Cornell F. Daye v. SER Thomas McBride, Warden - 33100 - Daye appeals the circuit court's 06/09/05 order denying his petition for a writ of habeas corpus with a finding that "Daye's Petition does not show any probable cause warranting further inquiry. - Continued to April 18.

2. Cornell F. Daye v. SER Thomas McBride, Warden - 33101 - Daye appeals the circuit court's 06/09/05 order denying his petition for a writ of habeas corpus with a finding that "Daye's Petition does not show any probable cause warranting further inquiry - Continued to April 18.

3. Mary Ann Kominar, Admx. v. Health Management Associates of W. Va., Inc., et al. - 33215 - Plaintiff appeals from the circuit court's order denying her motion to set aside the verdict or for a new trial following an adverse jury verdict in this wrongful death malpractice case.

4. State of W. Va. v. Bryan A. Merritt - 33105 - The petitioner objects to the denial of the stay of his misdemeanor sentence pending appeal to the Wood County Circuit Court. Petitioner also objects to the subsequent imposition of sentence by the Circuit Court of Wood County after the petitioner had allegedly completed all of the terms of his sentence.

5. SER Bobby Gibson v. Circuit Court of Wetzel County - 33292 - Petitioner seeks a mandamus requiring the Wetzel County Circuit Court to take action on his petition. - To be presented on briefs only without oral argument.